Miscellaneous: CHARLES JOHNSON VS. GLINDA M GREEN et al

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‘SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Mar-26-2009 2:50 pm

Case Number: CUD-09-629198
Filing Date: Mar-26-2009 2:46

Juke Box: 001 Image: 02446600
COMPLAINT

CHARLES JOHNSON VS. GLINDA M GREEN et al

001002446600

Instructions:
Please place this sheet on top of the document to be scanned.Cc €
SUMMONS
(CITACION JUDICIAL)

UNLAWFUL DETAINER—EVICTION
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO) ¢n>

NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO): GLINDA M. GREEN, 24 ¥S [/0

SUM-130
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)

YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
CHARLES JOHNSON

You have § CALENDAR DAYS after this summons and legal papers are served on you to fite a written response at this court and have a
copy served on the plaintiff. (To catcutate the five days, count Saturday and Sunday, but do not count other court holidays. If the last day
falls on a Saturday, Sunday, or a court holiday then you have the next court day to file a written response.) A letter or phone call will not
protect you. Your written response must be In proper legat form Hf you want the court to hear your case, There may be @ court form that
you can use for your response. You can find these court forms and more Information at the California Courts Online Self-Help Center
(www-courtinfo.ca.gov/selfhelp), your county law Ibrary, or the courthouse nearest you. If you cannot pay the filing fee, ask the court
clerk for # fee walver form. If you do not fite your response on time, you may lose the case by default, and your wages, money, and
property may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to cafl
‘an attomey referral service. If you cannot afford an attorney, you may be ellgibte for free tegal services from a nonprofit legal services
program. You can tocate these nonprofit groups at the California Legal Services Web site (www. lawhelpestifornia.org), the California
Courts Ontfine Self-Help Center (www.courtinfo.ca.govisetfhelp), or by contacting your local court or county bar association.

Tiene $ DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legates para presentar una respuesta por escrito en
‘esta corte y hacer que se entregue una copia al demandante, (Para catcular los cinco dias, cuente los sAbados y los domingos pero no los.
otros dias ferlados de fa corte, S/ el ditino dia cae en sAbado o domingo, o en un dia en que la corte esté cerrada, tlene hasta el préximo
dla de corte para presentar una respuesta por escrito). Una carts o una ilemada telefénica no fo protegen. Su respuesta por escrito tiene
que estar en formato fegal correcto s! desea que procesen su caso en la corte. Es posible que haya un formutario que usted pueda usar
para su respuesta, Puede encontrar estos formularios de fa corte y més informacién en ef Centro de Ayuda de fas Cortes de California
(www.courtinfo.ca.gow/selhelp/espanol), en fa biblioteca de leyes de su condado o en fa corte que le quede més cerca. Sino puede pagar
Ja cuota de presentaci6n, pida al secretario de la corte que fe dé un formutario de exencién de pago de cuotas. Sino presenta su respuesta
a tempo, puede perder ef caso por incumplimiento y la corte fe podré quiter su sueldo, dinero y blenes sin més advertencia.

Hay otros requisites legales. Es recomendable que flame a un sbogado iInmediatamente. Sino conoce # un sbogado, puede Hlamara un
servicio de remisién a abogados. Sino puede pagar a un abogado, es posible que cumpia con fos requisites pare obtener servicios
Jegates gratuitos de un programa de servicios legates sin fines de fucro, Puede encontrar estos grupos sin fines de fucro en ef sitio web de
California Legal Services, (www.lawhelpcatifornia.org), en ef Centro de Ayuda de fas Cortes de California,
(erwrw.courtinfo.ca.gov/seiheip/espanol/) o poniéndose en contacto con fa corte o el colegio de abogados Jocales.

1. The name and address of the court is:
(El nombre y direccién de la corte es):
Superior Court of San Francisco, 400 McAllister Street, San
Francisco, California 94102

2. The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attomey, is:

(El nombre, fa direccién y el numero de teléfono del abogado del demandante, o del demandanta que no tiene abogado, es):
CURTIS G. OLER, LAW OFFICES OF CURTIS G. OLER

Post Office Box 15083, San Francisco, California 94115

Telephone 415 - 346-8015, Facsimile 415 - 346-8238
3. (Must be answered in all cases) An untawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [{7} didnot] did
for compensation give advice or assistance with this form. (if plaintiff has recéjved any help oe ES from,an unlawful
»* ib

dotainer assistant, complete item 6 on the next page) COLD SAREE.
Date: Clerk, by st . Deputy
Date: MAR 2 6 2009 . feerstoney ~_(Adjuntoy

(For proof of service of this summons, use Proof of Service of Summons (form POS-010),)

(Para pruebaderentrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
Is C0 Meee 4, NOTICE TO THE PERSON SERVED: You are served

a. [2] as an individual defendant.

b. ] as the person sued under the fictitious name of (specify):

ce [_] asanoccupant

d. {__] onbehalf of (specify):

under: L—] cep 416.10 (corporation) C2) cep 416.60 (minor)
CCP 416.20 (defunct corporation) (1) cep 416.70 {conservatee)
CCP 416.40 (association or partnership) C21 cep 416.90 (authorized person)
C5) cep 415.46 (occupant) [5 other (specity):
5 CI by personal delivery on (date):
FOO ea cant SUMMONS—UNLAWFUL DETAINER—EVICTION (Coco of Cot Procectre, §§ 412ATTORNEY OR PARTY WITHOUT ATTORNEY (Name \... .¢ Bar number, and eccress): . [Ss On|
CURTIS G- OLER Ps
LAW OFFICES OF CURTIS G. OLER Gotny SP eaN ge cartorn
POST OFFICE BOX 15083
SAN FRANCISCO, CALIFORNTA 894115 MAR
teiepHone no: 415 - 346-8015 raxwo: 415 - 346-8238, INR 2 26 2009
¢

ATTORNEY FOR wanot: Plaintife
SUPERIOR COURT OF CALIFORNIA, COUNTYOF SAN FRANCISCO ddr ON FAR LI, Cleric
street acoress: 40) McAllister Street , apuiy Clery

ery anoze cove: San Francisco, California 94115

CIVIL CASE COVER SHEET Comptex Case Designation
O amore 4 tanoort (5 counter (7) Joinder 3
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) _ $25,000 or less) (Cal. Rutes of Court, rule 3.402)
items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provistonalty Complex Civil Litigation
‘Auto (22) ([) Breach of contractWwarranty (06) (Cal, Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) (1 Rute 3.740 cofections (09) {1 Antiteustrrrade regulation (03)
Other PUPDIWD (Personal Injury/Property  [__]_ Other eottections (09) (J Construction defect (10)
Damage/Wrongful Death) Tort L) insurance coverage (18) () mass tort (40)
Asbestos (04) C21 omer contract (37) LE] securities ttigation (28)
[J Product nabity (24) Real Property [1 envtronmentat Toxic tort (30)
[J Mecicat matpractice (45) [1 Eminent domaintaverse Insurance coverage claims arising from the
[1 other pveniwo (23) ‘condemnation (14) above listed provisionally complex case
Non-PUPOMD (Other) Tort [J woongtid eviction (33) types (41)
[J susiness tortuntair business practice (07) L__] Other veal property (26) Enforcement of Judgment
CI cri eights (08) Unlawtut Detalner [1 enforcement of judgment (20)
LJ betamation (13) C2) Commercat (31) Miscellaneous Civil Complaint
CO Frava (18) £2] Resicentiat (32) CO rcoen
Intellectual property (19) [21 ngs (38) {J other comptaint (not specified above) (42)
Professtonal negfigence (25) rn Review rare 05) eres Chit Petition
Other non-PUPDAWD tort (35) et Partnership and corporate govemance (21)
Employment (2) Petition re: arbitration award (11) =
Wrongful termination (36) (2) wit ot mandate (02) [1 ote pettion (ot pected above) 8)
L_] other emptoyment (15) fH
2 Thiscase L_tis Lv Jisnot complex under rute 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. oOo Large number of separately represented parties da Oo Large number of witnesses.
b. O Extensive motion practice raising difficult or novel e. oO Coordination with related actions pending in one of more courts
issues that will be time-consuming to resolve In other counties, states, or countries, or in a federal court
¢. [-] Substantial amount of documentary evidence £. [7] substantial postjudgment judicial supervision

Remedies sought (check all that apply): az] monetary .[Z] nonmonetary; declaratory or injunctive relief _¢. [_]punitive
Number of causes of action (specify): 1

thisease [Jis LéJisnot actass action suit.

If there are any known related cases, file and serve a notice of related case. (Yop may use form CM-015,)

Date: March 26, 2009 i}

CURTIS G. OLER

Pak e

STURE OF PARTY OR ATTORNEY FOR PARTY)

TTYPE OR PRINT NAME]

NOTICE

e Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rute 3.220.) Failure to file may result
in sanctions.

© File this cover sheet in addition to any cover sheet required by focal court rule.

© If this case Is complex under rule 3.400 et seq. of the California Rutes of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.

© Unless this Is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 1

rom dad Carsiol Cae CIVIL CASE COVER SHEET Ca Rg ot Ga ony SF Sa 3

‘CM-O10 [Rev. Jesy 1, 2007) wre courtata ca go
[Amencan Legeitvet Inc.
www Forma Workflow com}ATTORN! >A (NEY i number, adress):
CURTIS G. OLER (bar No. 63088)
LAW OFFICES OF CURTIS G. OLER
Post Office Box 15083
San Francisco, California 94115

TELEPHONE NO. 346-8015 — Faxno. copton: 415 - 346-8238 iL z.D
E-MAIL ADORESS (Optional): RE,
attorney ror ame Plaintiff Charles Johnson EAN ah Aiea

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS:

manic avoress: 400 McAllister Street

crv anp2ecove: San Francisco, California 94115
BRANCH NAME:

piantire: CHARLES JOHNSON

DEFENDANT: GLINDA M. GREEN
poEs1To 10

COMPLAINT — UNLAWFUL DETAINER* si EONS isp
COMPLAINT [_]_ AMENDED COMPLAINT (Amendment Number): RD ~:
Jurisdiction (check alf that apply): A ~ ~
ACTION IS A LIMITED CIVIL CASE

Amount demanded [7] does not exceed $10,000

[) exceeds $10,000 but does not exceed $25,000

(2) ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
(2) actions RECLASSIFIED by this amended complaint or cross-complaint (check aif that apply):

[1 trom untewtul detatner to general uniimited civil (possession not in Issue) [4 trom mites to untimited
[1 from untawtul detainer to general limited civil (possession not in Issue) [1 trom untimtted to timtted
1. PLAINTIFF (name each):
CHARLES JOHNSON

alleges causes of action against DEFENDANT (name each):
GLINDA M. GREEN

2, a. Plaintittis (1) C2) an individual over the age of 18 years. (4) [_] a partnership.
(2) £2) a public agency. (5) [71 acorporation.
(3) (21 other (specify):

b. (1 Praintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

3. Defendant named above is In possession of the premises located at (street address, apt. no., city, zip code, and county):
1760 McKinnon Street, San Francisco, California 94124

4. Plaintiffs interest in the premises Is asowner [_] other (specify):

The true names and capacities of defendants sued as Does are unknown to plaintiff.

6. a. Onor about (date): August 15, 2008 defendant (name each):
Glinda M. Green

*SF Housing Authority pays $$1,119.00 of said amount

(1) agreed to rent the premises as a month-to-month tenancy [__] other tenancy (specify):
(2) agreed to pay rentof$ 1,300.00* payable [7] monthly [__] other (specify frequency):
2 agreed to pay rent onthe [7] firstofthe month [_] other day (specify):

. This £2) written (J oral agreement was made with

a

* plaintiff. (3) C2] plaintitts predecessor in interest.
(2) () plaintitfs agent. (4) C21 other (specify):
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc., § 1161). Page tot
Fettuca Comes Canara COMPLAINT—UNLAWFUL DETAINER Code tC Prececre $825 12 1908
(UD-100 [Rev. July 1, 2005] www courtnio C8 gov
[American LegaiNet, Inc.

[veww US Court orms.com6. c. [2] The defendants not named in item 6a are
(1) (7) subtenants.
(2) (2) assignees.
(3) (21 other (specify): Unknown
d. (—] The agreement was later changed as follows (specify):

[Z1 Acony of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
1. [—) fForresidentiat property) A copy of the written agreement is not attached because (specify reason):
(1) C1 thewtitten agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) [1 this action is solely for nonpayment of rent (Code Civ. Proc, § 1161(2)}.
7. [Z a. Defendant (name each):
Glinda M. Green

was served the following notice on the same date and in the same manner:
(1) 3-day notice to payrentorquit (4) [=] 3-day notice to perform covenants or quit

(2) C1 30-day notice to quit (5) CL] 3-day notice to quit
(3) C21 60-day notice to quit (6) (2) Other (specify):
b. (1) On (date): February 27, 2009 the period stated in the notice expired at the end of the day.

(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
The notice included an election of forfeiture.
e are tthe notice Is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc.,
1166,

f (2) One ormore defendants were served (1) with a different notice, (2) on a different date, or (3) in a different
manner, as stated in Attachment 8c. (Check item 8c and attach a statement providing the information required
by items 7a-e and 8 for each defendant)

8. a. [2] Thenotice in item 7a was served on the defendant named in item 7a as follows:
(1) C21 by personally handing a copy to defendant on (date): February 24, 2009
(2) [21 by leaving a copy with (name or description): :

aperson of suitable age and discretion, on (date): at defendant's
(CO residence [_] business AND mailing a copy to defendant at defendant's place of residence on
(date): because defendant cannot be found at defendant's residence or usual
place of business.

(3) 3 _ by posting a copy on the premises on (date): [AND giving a copy toa
person found residing at the premises AND maiting a copy to defendant at the premises on
(date):

(2) £21 because defendant's residence and usual place of business cannot be ascertained OR
(b) (1 because no person of suitable age or discretion can be found there.
(4) [[] (Not for 3-day notice; see Civil Code, § 1946 before using) by sending a copy by certified or registered
mail addressed to defendant on (date):
(5) 1 (Not for residential tenancies; see Civil Code, § 1953 before using) in the manner specified in a written
commercial lease between the parties.
b. [1 (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
c. (Z1 information about service of notice on the defendants alleged in item 7fis stated in Attachment 8c.
d. Proof of service of the notice In item 7a Is attached and labeled Exhibit 3.

a
Page zotd

vosme ee May) 2 COMPLAINT—UNLAWFUL DETAINERPlaintiff demands possession from each defendant because of expiration of a fixed-term lease.

10. Atthe time the 3-day notice to pay rent or quit was served, the amount of rent due was $

11. The fair rental value of the premises Is $ 6.03 per day.

12, Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil
Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 12.)

13. Awritten agreement between the parties provides for attorney fees.

14, Defendant's tenancy ts subject to the local rent control of eviction control ordinance of (city or county, title of ordinance,

and date of passage):
San Francisco Residential Rent Stabilization and Arbitration Ordinance, June, 1979

Plaintiff has met all applicable requirements of the ordinances.

15. [1] Other altegations are stated in Attachment 15.
16. Plaintiff accepts the jurisdictional limit, if any, of the court.

17. PLAINTIFF REQUESTS Lie AHA

a. possession of the premises. 12 damages at the‘rate stated in item 11 from

b. costs incurred in this proceeding: (date) 1, 2009 for each day that

c. (1 past-due rent of $ defendants remain in possession through entry of judgment.

4. () reasonable attorney fees. 9. (1 statutory damages up to $600 for the conduct alleged in item 12.
e. forfeiture of the agreement. tn. C1 other (specify):

18. [2] Number of pages attached (specify):
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code, §§ 6400-6415)

49. (Complete in all cases.) An unlawful detainer assistant didnot [[_] did for compensation give advice or assistance
with this form. (if plaintiff has received any help or advice for pay from an unlawful detainer assistant, state}

a. Assistant's name: c. Telephone No.:

b. Street address, city, and zip cade: d. County of registration:
e. Registration No.:
f. Expires on (date):

pate: 3 “26 OF

Cutie CG ler

(TYPE OR PRINT NAME)

VERIFICATION
(Use a different verification form if the verification is by an attomey ‘or for a corporation or partnership.)

Lam the plaintiff in this proceeding and have read this complaint. | declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.

Date: 3 bpl7

Charles Sdbnoanr

{TYPE OR PRINT NAME} "(SIGNATURE OF PLAINTIFF )

{UD-100 [Rev. Jufy 1, 2005) Page Sof 3

COMPLAINT—UNLAWFUL DETAINEREXHIBIT 1

EXHIBIT 1=  .., ‘SAN FRANCISCO HOUSING \WTHORITY TENANT /OWN ASSISTED LEASE
. ~. LEASED HOUSING DIVISTON SECTION 8 HOUSING CHOICE
1815 EGBERT STREET VOUCHER PROGRAM
SAN FRANCISCO, CA 94124
€4t8) 715-32807(415) 715-3287-FAX

1, Parties: . ‘ ‘
Landtord JOHNSON, CHARLES
Address 10 CAINE AVENUE

SAN FRANCISCO, CA 94112

TENANT GLINDA M GREEN

or Upit \. . .
Wahreg -Meédorcrnivel av p :

SAN RRANCISCO, CA 94124
, The Nouseherg Bs qusetOTg Gone sts on

React CORN VC) \. a \ wey SVE ails
SOR ies NY SO oy \ ho

He tare of Lease begins 08 15708 and “shay

end on™07/31 - In the event that a new lease jis not
executed, the tenancy shal? continue on a month to month basis
effective the first of the month following the expiration
date of the lease term. The anniversary month of this lease
shall be 08. .

he following members:

4. Rent:
A. $ it, 119. 00 shalt be payable by the PHA as a
hous Ing assistance’ Payment on behalf of the
tenant
$181.00 shall be Doyabte by the Tenant directly
"to the landlord.
. $1,300.00 per month is the'total rent amount the
. : Jandlord can collect for the unit.
&. The amount of the total monthly rent payable to the
Landlord during the term of the Lease (called the
“contract rent") shall be determined in accordance with
the Contraét between the-Landlord and the PHA. “
C. The portion of the Contract. nent payable by the Tenant
(“tenant rent") shall be an ahount: determined by the
PHA in accordance with HUD regulations and requirements.
The amount of the tenant rent is subject to change as
determined by the PHA during the term of the Lease. Any
change in the amount of the tenant rent will be stated
in a written notice hy the PHA to the Tenant and the
Landlord, stating the new amount and the effective date
of the change. Initially and until such change the
Tenant agrees to pay 181.00 per month to the
Landlord as the tenant rent. The rent is due and payable
on the first day of the month; the initial rent payment
Shall be prorated if the Lease does not begin oan the
first day of the month.sree nee
e

= Trash Collection

2°38. Utilities and apS tances

The owner shall provide or pay for the utilities and
appliances indicated below by an “O". The tenant shat? pay or
provide the utitities and appliances indicated below by a “T".
Unless otherwise specified below, the owner shat] pay for all
utilities and appliances provided by the owner,

Item * LANDLORD TENANT

Heating Nat. Gas
“ Bottle Gas
O11 or Electric
Coal or Other
. ey be ‘
Caoking Nat. Gas
Bottle Gas
Oil or Electric
Coal or Other
Other Electric
Air Conditioning
Water Heating Nat. Gas
¢ Battle Gas ,°
‘O11 or Electric
* Coal or other
Water
Sewer

Refrigerator
Range
Microwave
Other (specify)__.

9. Security Deposit
The security deposit requested by the owner {s 2, 798. 00.
The owner may not request a security deposit in excess of the
amount legally permitted by State and local law.

“Signatures se Oo . feog

Pubtic Housing Agency: Cwner: JOHNSON, CHARLES

San Francisco

Paulbtte “Boyd
Supervisor of Inspections

L ownce
. # Print pr Type Name of Signatcry
Co
: G3 - g/t DO
Date Date

2 of 10mi spe ban FRANCISCO  nousiC. AUTH, HOUSING asststand. PAYMENTS CONTRACT

Saba ye ", LEASED HOUSING DIVISION {HAP CONTRACT)
1 1815 EGBERT STREET SECTION 8 TENANT-BASED ASSISTANCE
‘ SAN FRANCISCO, CA 34124 HOUSING CHOICE VOUCHER

e

(415) 715-3280/715-3287~-F AX

Part A of the HAP Contract: Contract Information

1. contents of Contract
This HAP Contract has three parts;
Part A: Contract Information :
Pért B: Body“df Contract "of °° totes >
Part C: Tenancy Addendum

2. Tenant: GLINDA M GREEN

3. Contract Unit
+ 4 M760 MGKINNON ‘AV B . ae * +
SAN FRANCISCO, CA 94124 .

4, Household:
The following persons may reside tn: the unit. Other persons
may not be added to the household without prior written
approval of the owner and the PHA:

GLINDA GREEN M

5. Initial Lease Teri,”
The initial lease term begins on 08/15/08.
The initial Tease term ends on 07/31/09.

6. Inttial Rent to Owner
The inittal rent to owner is 1,300.00.

7. Initial Housing Assistance Payment (HAP) :
. The initial HAP shat? be 1,119.00.
The HAP contract term commences on the first day of the
initial lease term. At the beginning | of eye HAP contract term,
the amount of the housing ass4stdnve pay WY Uy ERE PHA to the
owner is 1,119.00 per month.

L
The amount of the monthly nouFig” “Gesigtance | paymenty by the
PHA to’ the owner is subject to change during the HAP contract
‘term in accordance with HUD reau lyenepts-

Ja. Initial Tenant Rent
Tne initial tenant rent is 181, 3/21 [02

Proration: Mo. AUG Days©

2

The tenant rent, as determined by the PHA is the maximum
amount the Landlord can require the Tenant to pay as rent
for the dwelling unit, including all services, maintenance
and utilities to be provided by the Landlord in accordance
with this Lease.

—£. Each month, the PHA will pay a housing assistance payment
to the Landlord on behalf of the Tenant Family in
accordance with the Contract. The monthly housing
assistance payment is the difference between the contract
rent and the tenant rent

5. Utilities and Appliances: .
A. The Landlord shatl- provide the‘utitities indicated on the
Housing Assistance Payments Contract.

B. The Housing Assistance Payments Contract shall indicate
whether the appliances are to be provided by the owner or
tenant. In addition, it shal! indicate whether any other
appliances shat) be provided by the owner.

as te ae sé Wpetbniny te eee “oo™“ why
S thaditional Terms and Conditions shall be specified under the
"Utilities and Appliances” section of the Housing Assistance
Payments Contract under the heading of "Other (specify)”:

7. Security Deposit:
« The Security Deposit requested by the owner is 2,798.00.
A security deposit shall be-paid by the tenant to the owner
as specified in the Housing Assistance Payments Contract. The
owner cannot request 4, security deposit that ts more than 1s
Tegatly permitted. by State and local law.

THIS LEASE SUPERSEDES “ANY OTHER TENANT/LANDLORD AGREEMENTS
PREVIOUSLY IN EFFECT. We, the undersigned, have read\this Tease
and by signing @o hereby execute and agree to its ters as
supplemented by the Housing Assistance Payments Contract.

LANDLORDTS)- JOHNSON, CHARLES

. -3 wp io" nts) “Ty 4 , al
\ el AP Hind, A cead..6lelp
ee DATE SIGNATURE DATE

x 3 ai fo% x

Popul ™ ATE SIGNATURE DATE
fropirdy, Mtarenpn.. . ‘
TITLE (OMNER, LANDLORDY AGENT, MANAGER)C

Housing Assistance Payments Contract us, pepartment of Housing

(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Cholce Voucher Program

Part B of HAP Contract: Body of Contract

1. Purpose Se

8, This is a HAP contract between the PHA and the
owner. The HAP contract is entered to provide
assistance for the family under the Section 8
voucher program (see HUD program regulations at
24 Code of Federal Regulations Part 982).

b. The HAP contract only applies to the household and
contract unit specified in Part A of the HAP
contract,

c. During the HAP contract term, the PHA will pay
housing assistance payments to the owner in
accordance with the HAP contract.

d. The femily will reside in the contract unit with
assistance under the Section 8 voucher program. The
housing assistance payments by the PHA assist the
tenant to lease the contract unit from the owner for
occupancy by the family.

2. Lease of Contract Unit

a. — The owner has leased the contract unit to the tenant
for occupancy by the family with assistance under
the Section 8 voucher program.

b. The PHA has approved leasing of the unit in
accordance with requirements of the Section &
voucher,

©, The tease for the contract unit must include word
for-word all provisions of the tenancy addendum
required by HUD (Part C of the HAP contract).

d. The owner certifies that:

{1} The owner and the tenant have entered into a
lease of the contract unit that includes al!
provisions of the tenancy addendum.

{2} The lease is in a standard form that is used in
the locality by the owner and that is generally
used ‘for other unassisted tenants in the
premises.

{3} The lease is consistent with State and local
few.

@. The owner is responsible for screening the family’s
behavior or suitability for tenancy. The PHA is not
Tesponsible for such screening, The PHA has no
Kability or responsibility to the owner or other
persons for the family's behavior or the family's
conduct in tenancy,

3. Maintenance, Utilities, and Other Services

8. The owner must maintain the contract unit and
premises in accordance with the housing quality
standards (HQS),

b. The owner must provide all utilities needed to
comply with the HGS.

¢. — If the owner does not maintain the contract unit in
accordance with the HQS, or fails to provide all
utilities needed to comply with the HQS, the PHA
may exercise any available remedies. PHA remedies

Previous editions are obsolete

C

OMB Approval No. 2577-0169

and Urban Development (exp. 07/31/2007)
Office of Pubtic and Indian Housing

4,

Page 3 of 10

f.

g&

for such breach include recovery of overpayments,
suspension of housing assistance payments,
abatement or other reduction of housing assistance
Payments, termination of housing assistance
Payments, and termination of the HAP contract. The
PHA may not exercise such remedies against the
owner because of an HQS breach for which the
family is responsible, and that is not caused by the
owner,

The PHA shall not make any housing assistance
payments if the contract unit docs not meet the
HQS, unless the owner corrects the defect within the
Period specified by the PHA and the PHA verifies
the correction. If a defect is life threatening, the
owner must correct the defect within no more than
24 hours. For other defects, the owner must correct
the defect within the period specified by the PHA.
The PHA may inspect the contract unit and premises
at such times #9 the PHA determines necessary, to
ensure that the unit is in accordance with the HQS.
The PHA must notify the owner of any HQS defects
shown by the inspection.

The owner must provide all housing services as
agreed to in the lease.

Term of HAP Contract

a,

Relation to lease term. The term of the HAP

contract begins on the first day of the initial term of

the lease, and terminates on the last day of the term

Of the lease (including the initial lease term and any

extensions).

When HAP contract terminates,

(1) The HAP contract terminates automatically if
the tease is terminated by the owner or the
tenant,

(2) The PHA may terminate program assistance
for the family for any grounds suthorized in
accordance with HUD requirements, If the
PHA terminates program assistance for the
family, the HAP contract terminates
‘automatically. .

(3) If the family moves from the contract unit, the
HAP contract terminates automatically.

(4) The HAP contract terminates automatically 180
calendar days after the tast housing assistance
payment to the owner.

(5) The PHA may terminate the HAP contract if
the PHA determines, in accordance with HUD
requirements, that available program funding is
not sufficient to support continued assistance
for families in the program.

form HUD-52641 (1/2007)
tef Handbook 7420.8C

(6) The PHA may terminate the HAP contract if the
PHA determines that the contract unit does not
provide adequate space in accordance with the
HQS because of an increase in family size or a
change in family composition.

(7) If the family breaks up, the PHA may terminate
the HAP contract, or may continue housing
assistance payments on behalf of family members
who remain in the contract unit,

(8) The PHA may terminate the HAP contract if the
PHA determines that the unit does not meet all
Tequirements of the HQS, or determines that the
‘owner has otherwise breached the HAP contract.

5. Proviston and Payment for Utilities and Appliances

a The lease must specify what utilities are to be provided
or paid by the owner or the tenant.

b. The lease must specify what sppliances are to be pro-
vided or paid by the owner or the tenant.

c. Part A of the HAP contract specifies what utitities and
appliances are to be provided or psid by the owner or
the tenant. The lease shall be consistent with the HAP
contract.

6. Rent to Owner: Reasonable Rent

a. During the HAP contract term, the rent to owner may at
no time exceed the reasonable rent for the contract unit
as most recently determined or redetermined by the
PHA in accordance with HUD requirements.

b. The PHA must determine whether the rent to owner is
reasonable in comparison to rent for other comparable
unassisted units, To make this determination, the PHA
must consider:

(1) The location, quality, size, unit type, and sge of
the contract unit; and

(2) Any amenities, housing services, maintenance
and utilities provided and paid by the owner,

c. The PHA must redetermine the reasonable rent when
required in accordance with HUD requirements. The
PHA may redetermine the reasonable rent at any time.

@. During the HAP contract term, the rent to owner may
not exceed rent charged by the owner for comparable
unassisted units in the premises, The owner must give
the PHA any information requested by the PHA on
rents charged by the owner for other units in the
premises or elsewhere.

7. PHA Payment to Owner
a. When paid

(1) During the term of the HAP contract, the PHA
must make monthly housing assistance payments
to the owner on behalf of the family at the
beginning of each month,

(2) The PHA must pay housing assistance payments
promptly when due to the owner.

(3) If housing assistance payments are not paid
promptly when due after the first two calendar
months of the HAP contract term, the PHA shall
pay the owner penalties in accordance with
generally accepted practices and law, as
applicable in the local housing market, governing

Previous editions are obsolete

C

penalties for late payment by a tenant. However,
the PHA shall not be obligated to pay any late
payment penalty if HUD determines that late
payment by the PHA is due to factors beyond the
PHA’s control, Moreover, the PHA shall not be
obligated to pay any late payment penalty if
housing assistance payments by the PHA are
delayed or denied as a remedy for owner breach
of the HAP contract {including any of the
following PHA remedies: recovery of
overpayments, suspension of housing assistance
Payments, abatement or reduction of housing
assistance payments, termination of housing
assistance payments and termination of the
contract).

(4) Housing assistance payments shall only be paid
to the owner while the family is residing in the
contract unit during the term of the HAP contract.
The PHA shall not pay a housing assistance
payment to the owner for any month after the
month when the family moves out.

Owner compliance with HAP contract. Untess the

‘owner has complied with alt provisions of the HAP

contract, the owner does not have a right to receive

housing assistance payments under the HAP contract.

Amount of PHA payment to owner

(1) The amount of the monthly PHA housing
assistance payment to the owner shall be
determined by the PHA in accordance with HUD
requirements for a tenancy under the voucher
program.

(2) The amount of the PHA housing assistance
payment is subject to change during the HAP
contract term in accordance with HUD

. fequirements., The PHA must notify the family
and the owner of any changes in the amount of
the housing assistance payment.

(3) The housing assistance payment for the first
month of the HAP contract term shall be pro-
rated for a partial month.

Application of payment. The monthly housing

assistance payment shall be credited against the

monthly rent to. owner for the contract unit.

Limit of PHA responsibility,

(1) The PHA is only responsible for making housing
assistance payments to the owner in
with the HAP contract and HUD requirements for
a tenancy under the voucher program,

(2) The PHA shall not pay any portion of the rent to
owner in excess of the housing assistance
payment, The PHA shall not pay any other claim
by the owner against the family,

Overpayment to owner. If the PHA determines that
the owner is not entitled to the housing assistance
payment or any part of it, the PHA, in addition to other
remedies, may deduct the amount of the overpayment
from any amounts due the owner (including amounts
due under any other Section 8 assistance contract).

Owner Certification
During the term of this contract, the owner certifies that:

a

Page 4 of 10

The owner is maintaining the contract unit and
premises in accordance with the HQS.

form HUD-52641 (1/2007)
ref Handbook 7420.8C

The contract unit is leased to the tenant. The lease
includes the tenancy addendum (Part C of the HAP
contract), and is in accordance with the HAP contract
and program requirements. The owner has provided the
lease to the PHA, including any revisions of the lease,
‘The rent to owner does not exceed rents charged by the
owner for rental of comparable unassisted units in the
premises.

Except for the rent to owner, the owner has not
received and will not receive any payments or other
consideration (from the family, the PHA, HUD, or any
other public or private source) for rental of the contract
‘unit during the HAP contract term.

The family does not own or have any interest in the
contract uaut.

To the best of the owner's knowledge, the members of
the family reside in the contract unit, and the unit is the
family’s only residence,

The owner (including a principal or other interested
party) is not the parent, child, grandparent, grandchild,
sister, or brother of any member of the family, unless
the PHA has determined (and has notified the owner
and the family of such determination) that approving
rental of the unit, notwithstanding such relationship,
would provide reasonable accommodation for a family
member who is a person with disabilities.

9, Prohibition of Diserimination. In accordance with
applicable equal opportunity statutes, Executive Orders, and
regufations:

The owner must not discriminate against any person
because of race, color, religion, sex, national origin,
age, familial status, or disability in connection with the
HAP contract.

The owner must cooperate with the PHA and HUD in
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
contract.

10. Owner's Breach of HAP Contract

11. PHA and HUD Access to Premises and Owner’s Records

2

C

If the PHA determines that a breach has occurred, the
PHA may exercise any of its rights and remedies under
the HAP contract, or any other available rights and
remedies for such breach. The PHA shall notify the
owner of such determination, including a brief
statement of the reasons for the determination. The
notice by the PHA to the owner may require the owner
to take corrective action, as verified or determined by
the PHA, by a deadline prescribed in the notice.

‘The PHA’s rights and remedies for owner breach of the
HAP contract include recovery of overpayments,
suspension of housing assistance payments, abatement
or other reduction of housing assistance payments,
termination of housing assistance payments, and
termination of the HAP contract,

The PHA may seck and obtain additional relief by
Judicial order or action, including specific performance,
other injunctive relief of order for damages.

Even if the family continues to live in the contract unit,
the PHA may exercise any rights and remedies for
owner breach of the HAP contract.

‘The PHA’s exercise or non-exercise of any right or
remedy for owner breach of the HAP contract is not a
waiver of the right to exercise that or any other right or
remedy at any time.

The owner must provide any information pertinent to
the HAP contract that the PHA or HUD may
reasonably require.

The PHA, HUD and the Comptrotler General of the
United States shall have full and free access to the
contract unit and the premises, and to alt accounts and
other records of the owner that are relevant to the HAP
contract, including the right to examine or audit the
records and to make copies,

‘The owner must grant such access to computerized or
other electronic records, and to any computers, equip-
ment or facilities containing such records, and must
provide any information of assistance needed to access
the records,

&. Any of the following actions by the owner (including ®

principal or other interested party) is a breach of the 12, Excluston of Third Party Rights

HAP contract by the owner: a. — The family is not a party to or third party beneficiary of

(1) If the owner has violated any obligation under the Part B of the HAP contract. The family may not
HAP contract, including the owner's obligation enforce any provision of Part B, and may not exercise
to maintain the unit in accordance with the HQS. any right or remedy against the owner or PHA under

(2) If the owner has violated any obligation under Part B.
any other housing assistance payments contract b. The tenant or the PHA may enforce the tenancy
under Section 8. addendum (Part C of the HAP contract) against the

“ owner, and may exercise any right or remedy sgainst
® ithe oon has committed fraud, bribery or any the owner under the tenancy addendum.
rupt of criminal act in connection with ., we
i ¢. The PHA does not assume any responsibitity for injury

any Federal housing ssi gram. to, or any liability to, any person injured as a resuit of

(4) For projects with mortgages insured by HUD or the owner's action or failure to act in connection with
loans made by HUD, if the owner has failed to management of the contract unit or the premises or
comply with the regulations for the applicable with implementation of the HAP contract, or as a result
mortgage insurance or loan program, with the of any other action or failure to act by the owner.
mortgage of mortgage note, or with the d. The owner is not the agent of the PHA, and the HAP
regulatory agreement; or if the owner has contract does not create or affect any relationship
committed fraud, bribery or any other corrupt or between the PHA and any lender to the owner or any
criminal act in connection with the mortgage or suppliers, employees, contractors or subcontractors
loan. used by the owner in connection with management of

(5) If the owner has engaged in any drug-related the contract unit or the premises or with
criminal activity or any violent criminal activity. implementation of the HAP contract,

TTT foe HUD -82647 (172007)
Previous editions are obsolete ref Handbook 7420.8

Page Sof 10C

13. Conflict of Interest

“Covered individual” means a person or entity who is a

member of any of the following classes:

(I) Any present of former member or officer of the
PHA (except a PHA commissioner who is a
participant in the program);

(2) Any employee of the PHA, or any contractor,
sub-contractor or agent of the PHA, who
formulates policy or who influences decisions
with respect to the program;

(3) Any public official, member of a governing body,
or State or local legislator, who exercises
functions or responsibilities with respect to the
program; or

(4) Any member of the Congress of the United
States.

A covered individual may not have any direct or
indirect interest in the HAP contract or in eny benefits
or payments under the contract (including the interest
of an immediate family member of such covered
individual) while such person is a covered individual or
during one year thereafter.

“Immediate family member” means the spouse, parent

(including a stepparent), child (including a stepchild),

grandparent, grandchild, sister or brother (including a

stepsister or stepbrother) of any covered individual,

The owner certifies and is responsible for assuring that

nO person or entity has or will have a prohibited

interest, at execution of the HAP contract, or at any
time during the HAP contract term.
Ifa prohibited interest occurs, the owner shalt promptly
and fully disclose such interest to the PHA and HUD.
The conflict of interest prohibition under this section
may be waived by the HUD field office for good cause.

No member of or delegate to the Congress of the

United States or resident commissioner shall be

admitted to any share or part of the HAP contract or to

any benefits which may arise from it.

14. Assignment of the HAP Contract

b.

Previous editions are obsolete

The owner may not assign the HAP contract to a new

owner without the prior written consent of the PHA.

If the owner requests PHA consent to assign the HAP

contract to a new owner, the owner shall supply any

information as required by the PHA pertinent to the
proposed assignment.

The HAP contract may not be assigned to a new owner

that is debarred, suspended or subject to a limited

denial of participation under HUD regulations (see 24

Code of Federal Regulations Part 24).

The HAP contract may not be assigned to s new owner

if HUD has prohibited such assignment because:

(1) The Federal government has instituted an
administrative or judicial action against the
owner or proposed new owner for violation of the
Fair Housing Act or other Federal equal
opportunity requirements, and such action is
pending; or

(2) A court or administrative agency has determined
that the owner or proposed new owner violated
the Fair Housing Act or other Federal equal
opportunity requirements.

The HAP contract may not be assigned to a new owner

if the new owner (including a principal or other

interested party) is the parent, child, grandparent,

Page 6 of 10

C

grandchild, sister or brother of any member of the
family, unless the PHA has determined (and has
notified the family of such determination) that
approving the assignment, notwithstanding such
relationship, would provide reasonable accommodation
for a family member who is a person with disabilities.

f. The PHA may deny epproval to assign the HAP
contract if the owner or proposed new owner (including.
& principal or other interested party):

(1) Has violated obtigations under a housing
assistance payments contract under Section 8;

(2) Has committed fraud, bribery or any other
corrupt or criminat act in connection with any
Federal housing program;

(3) Has engaged in any drug-related criminal activity
or any violent criminal activity;

(4) Has a history or practice of non-compliance with
the HQS for units leased under the Section 8
tenant-based programs, or non-compliance with
applicable housing standards for units teased with
project-based Section 8 assistance or for units
leased under any other Federal housing program;

(5) Has a history or practice of failing to terminate
tenancy of tenants assisted under any Federally
assisted housing program for activity engaged in
by the tenant, any member of the household, #
guest or another person under the contro! of any
member of the household that:

(a) Threatens the right to peaceful enjoyment of

the premises by other residents;

(b) Threatens the health or safety of other
residents, of employees of the PHA, or of
‘owner employees or other persons engaged in
management of the housing;

(c) Threatens the health or safety of, or the right

to peaceful enjoyment of their residents by,
persons residing in the immediate vicinity of the
premises; or

(4) 1s drug-related criminal activity or violent
criminal activity,

(6) Has a history or practice of renting units that fail to

meet State or local housing codes; or

(7) Has not paid State or local real estate taxes, fines or

assessments.

g. The new owner must agree to be bound by and comply
with the HAP contract. The agreement must be in
writing, and in a form acceptable to the PHA. The new
owner must give the PHA a copy of the executed

agreement.
Written Notices. Any notice by the PHA or the owner in
connection with this contract must be in writing.
Entire Agreement: Interpretation

a. The HAP contract contains the entire agreement
between the owner and the PHA,

b The HAP contract shall be interpreted and implemented
in accordance with HUD requirements, inctuding the
HUD program regulations at 24 Code of Federal
Regulations Part 982.

form HUD-52641 (1/2007)
ref Handbook 7420.8C

Housing Assistance Payments Contract ys, Department of Housing

and Urban Development
Office of Public and Indian Housing (exp. O71 1207)

(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Cholce Voucher Program

Part C of HAP Contract: Tenancy Addendum
.-
I. Section 8 Voucher Program

a, The owner is leasing the contract unit to the tenant
for occupancy by the tenant’s family with assistance
for a tenancy under the Section 8 housing choice
voucher program (voucher program) of the United
States Department of Housing and Urban
Development (HUD).

b. The owner has entered into a Housing Assistance
Payments Contract (HAP contract) with the PHA
under the voucher program. Under the HAP
contract, the PHA will make housing assistance
Payments to the owner to assist the tenant in leasing
the unit from the owner,

2, Lease

8. The owner has given the PHA a copy of the lease,
including any revisions agreed by the owner and the
tenant. The owner certifies that the terms of the
lease ere in accordance with all provisions of the
HAP contract and that the tease includes the tenancy
addendum,

b. The tenant shall have the right to enforce the
tenancy addendum against the owner, If there is any
conflict between the tenancy addendum and any
other provisions of the lease, the language of the
tenancy addendum shall control.

3. Use of Contract Unit

& During the lease term, the family will reside in the
contract unit with assistance under the voucher

Program.

b. The composition of the household must be approved
by the PHA, The family must promptly inform the
PHA of the birth, adoption or court-awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA,

¢. , The contract unit may onty be used for residence by
the PHA-approved houschold members. The unit
must be the family’s only residence. Members of the
household may engage in legal profit making
activities incidental to primary use of the unit for
residence by members of the family.

d. The tenant may not sublease or fet the unit.

The tenant may not assign the lease or transfer the

unit.

4. Rent to Owner

8. The initial rent to owner may not exceed the amount
approved by the PHA in accordance with HUD
requirements,

b. Changes in the rent to owner shalt be determined by
the provisions of the lease, However, the owner may

5.

6

7.

c

OMB Approval No. 2577-0169

During the term of the lease (including the initial
term of the lease and any extension term), the rent to
owner may at no time exceed:

(1) The reasonable rent for the unit as most
recently determined or redetermined by the
PHA in accordance with HUD requirements,
or

(2) Rent charged by the owner for comparable
unassisted units in the premises.

Family Payment to Owner

a

The family is responsible for paying the owner any
Portion of the rent to owner that is not covered by
the PHA housing assistance payment.

Each month, the PHA will make a housing
assistance payment to the owner on behalf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in accordance with
HUD requirements for a tenancy under the Section 8
voucher program.

The monthly housing assistance payment shall be
credited against the monthly rent to owner for the
contract unit

The tenant is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not a